S 3469 ISCommentsClose CommentsPermalink

112th CONGRESSCommentsClose CommentsPermalink

2d SessionCommentsClose CommentsPermalink

S. 3469CommentsClose CommentsPermalink

To establish a new organization to manage nuclear waste, provide a consensual process for siting nuclear waste facilities, ensure adequate funding for managing nuclear waste, and for other purposes.CommentsClose CommentsPermalink

IN THE SENATE OF THE UNITED STATESCommentsClose CommentsPermalink

August 1, 2012CommentsClose CommentsPermalink

Mr. BINGAMAN introduced the following bill; which was read twice and referred to the Committee on Energy and Natural ResourcesCommentsClose CommentsPermalink

A BILLCommentsClose CommentsPermalink

To establish a new organization to manage nuclear waste, provide a consensual process for siting nuclear waste facilities, ensure adequate funding for managing nuclear waste, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title- This Act may be cited as the ‘Nuclear Waste Administration Act of 2012’.CommentsClose CommentsPermalink





(b) Table of Contents- The table of contents of this Act is as follows:CommentsClose CommentsPermalink





Sec. 1. Short title; table of contents.CommentsClose CommentsPermalink

TITLE I--FINDINGS, PURPOSES, AND DEFINITIONS

Sec. 101. Findings.CommentsClose CommentsPermalink





Sec. 102. Purposes.CommentsClose CommentsPermalink





Sec. 103. Definitions.CommentsClose CommentsPermalink

TITLE II--NUCLEAR WASTE ADMINISTRATION

Sec. 201. Establishment.CommentsClose CommentsPermalink





Sec. 202. Principal officers.CommentsClose CommentsPermalink





Sec. 203. Other officers.CommentsClose CommentsPermalink





Sec. 204. Inspector General.CommentsClose CommentsPermalink





Sec. 205. Nuclear Waste Oversight Board.CommentsClose CommentsPermalink





Sec. 206. Conforming amendments.CommentsClose CommentsPermalink

TITLE III--FUNCTIONS

Sec. 301. Transfer of functions.CommentsClose CommentsPermalink





Sec. 302. Transfer of contracts.CommentsClose CommentsPermalink





Sec. 303. Additional functions.CommentsClose CommentsPermalink





Sec. 304. Siting nuclear waste facilities.CommentsClose CommentsPermalink





Sec. 305. Licensing nuclear waste facilities.CommentsClose CommentsPermalink





Sec. 306. Limitation on storage.CommentsClose CommentsPermalink





Sec. 307. Defense waste.CommentsClose CommentsPermalink





Sec. 308. Transportation.CommentsClose CommentsPermalink

TITLE IV--FUNDING AND LEGAL PROCEEDINGS

Sec. 401. Working Capital Fund.CommentsClose CommentsPermalink





Sec. 402. Nuclear Waste Fund.CommentsClose CommentsPermalink





Sec. 403. Full cost recovery.CommentsClose CommentsPermalink





Sec. 404. Judicial review.CommentsClose CommentsPermalink





Sec. 405. Litigation authority.CommentsClose CommentsPermalink





Sec. 406. Liabilities.CommentsClose CommentsPermalink

TITLE V--ADMINISTRATIVE AND SAVINGS PROVISIONS

Sec. 501. Administrative powers of Administrator.CommentsClose CommentsPermalink





Sec. 502. Personnel.CommentsClose CommentsPermalink





Sec. 503. Offices.CommentsClose CommentsPermalink





Sec. 504. Mission plan.CommentsClose CommentsPermalink





Sec. 505. Annual reports.CommentsClose CommentsPermalink





Sec. 506. Savings provisions; terminations.CommentsClose CommentsPermalink





Sec. 507. Technical assistance in the field of spent fuel storage and disposal.CommentsClose CommentsPermalink





Sec. 508. Nuclear Waste Technical Review Board.CommentsClose CommentsPermalink





Sec. 509. Repeal of volume limitation.CommentsClose CommentsPermalink

TITLE I--FINDINGS, PURPOSES, AND DEFINITIONSCommentsClose CommentsPermalink

SEC. 101. FINDINGS.

Congress finds that--CommentsClose CommentsPermalink





(1) the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101 et seq.)--CommentsClose CommentsPermalink





(A) made the Federal Government responsible for providing for the permanent disposal of nuclear waste;CommentsClose CommentsPermalink





(B) vested the responsibility for siting, constructing, and operating a permanent geologic repository for the disposal of nuclear waste in the Secretary of Energy; andCommentsClose CommentsPermalink





(C) required the Secretary to enter into binding contracts with the generators and owners of nuclear waste pursuant to which the Secretary is obligated to have begun disposing of the nuclear waste in a repository not later than January 31, 1998;CommentsClose CommentsPermalink





(2) in 1987, Congress designated the Yucca Mountain site as the site for the repository and precluded consideration of other sites;CommentsClose CommentsPermalink





(3) in 2002, the Secretary found the Yucca Mountain site to be suitable for the development of the repository, the President recommended the site to Congress, and Congress enacted a joint resolution approving the Yucca Mountain site for the repository;CommentsClose CommentsPermalink





(4) in 2008, the Secretary applied to the Nuclear Regulatory Commission for a license to construct a repository at the Yucca Mountain site;CommentsClose CommentsPermalink





(5) in 2009, the Secretary found the Yucca Mountain site to be unworkable and abandoned efforts to construct a repository;CommentsClose CommentsPermalink





(6) in 2010, the Secretary, at the request of the President, established the Blue Ribbon Commission on America’s Nuclear Future to conduct a comprehensive review of the nuclear waste management policies of the United States and recommend a new strategy for managing the nuclear waste of the United States; andCommentsClose CommentsPermalink





(7) the Blue Ribbon Commission has recommended that Congress establish a new nuclear waste management organization and adopt a new consensual approach to siting nuclear waste management facilities.CommentsClose CommentsPermalink

SEC. 102. PURPOSES.

The purposes of this Act are--CommentsClose CommentsPermalink





(1) to establish a new nuclear waste management organization;CommentsClose CommentsPermalink





(2) to transfer to the new organization the functions of the Secretary relating to the siting, licensing, construction, and operation of nuclear waste management facilities;CommentsClose CommentsPermalink





(3) to establish a new consensual process for the siting of nuclear waste management facilities;CommentsClose CommentsPermalink





(4) to provide for centralized storage of nuclear waste pending completion of a repository; andCommentsClose CommentsPermalink





(5) to ensure that--CommentsClose CommentsPermalink





(A) the generators and owners of nuclear waste pay the full cost of the program; andCommentsClose CommentsPermalink





(B) funds collected for the program are used for that purpose.CommentsClose CommentsPermalink

SEC. 103. DEFINITIONS.

In this Act:CommentsClose CommentsPermalink





(1) ADMINISTRATION- The term ‘Administration’ means the Nuclear Waste Administration established by section 201.CommentsClose CommentsPermalink





(2) ADMINISTRATOR- The term ‘Administrator’ means the Administrator of the Administration.CommentsClose CommentsPermalink





(3) AFFECTED INDIAN TRIBE- The term ‘affected Indian tribe’ means any Indian tribe--CommentsClose CommentsPermalink





(A) within the reservation boundaries of which a repository or storage facility is proposed to be located; orCommentsClose CommentsPermalink





(B) that has federally defined possessory or usage rights to other land outside of the reservation boundaries that--CommentsClose CommentsPermalink





(i) arise out of a congressionally ratified treaty; andCommentsClose CommentsPermalink





(ii) the Secretary of the Interior finds, on petition of an appropriate governmental official of the Indian tribe, may be substantially and adversely affected by the repository or storage facility.CommentsClose CommentsPermalink





(4) AFFECTED UNIT OF GENERAL LOCAL GOVERNMENT-CommentsClose CommentsPermalink





(A) IN GENERAL- The term ‘affected unit of general local government’ means the unit of general local government that has jurisdiction over the site of a repository or storage facility.CommentsClose CommentsPermalink





(B) INCLUSION- The term ‘affected unit of general local government’ may include, at the discretion of the Administrator, units of general local government that are contiguous with the unit that has jurisdiction over the site of a repository or storage facility.CommentsClose CommentsPermalink





(5) CIVILIAN NUCLEAR POWER REACTOR- The term ‘civilian nuclear power reactor’ has the meaning given the term in section 2 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101).CommentsClose CommentsPermalink





(6) COMMISSION- The term ‘Commission’ means the Nuclear Regulatory Commission.CommentsClose CommentsPermalink





(7) CONTRACT HOLDER- The term ‘contract holder’ means any person who--CommentsClose CommentsPermalink





(A) generates or holds title to nuclear waste generated at a civilian nuclear power reactor; andCommentsClose CommentsPermalink





(B) has entered into a contract for the disposal of nuclear waste under section 302(a) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(a)) or this Act.CommentsClose CommentsPermalink





(8) DEFENSE WASTE- The term ‘defense waste’ means nuclear waste generated by an atomic energy defense activity (as defined in section 2 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101)).CommentsClose CommentsPermalink





(9) DISPOSAL- The term ‘disposal’ has the meaning given the term in section 2 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101).CommentsClose CommentsPermalink





(10) HIGH-LEVEL RADIOACTIVE WASTE- The term ‘high-level radioactive waste’ has the meaning given the term in section 2 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101).CommentsClose CommentsPermalink





(11) INDIAN TRIBE- The term ‘Indian tribe’ has the meaning given the term in section 2 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101).CommentsClose CommentsPermalink





(12) NUCLEAR WASTE- The term ‘nuclear waste’ means--CommentsClose CommentsPermalink





(A) spent nuclear fuel; andCommentsClose CommentsPermalink





(B) high-level radioactive waste.CommentsClose CommentsPermalink





(13) NUCLEAR WASTE ACTIVITIES- The term ‘nuclear waste activities’ has the meaning given the term in section 11 of the Atomic Energy Act of 1954 (42 U.S.C. 2014).CommentsClose CommentsPermalink





(14) NUCLEAR WASTE FACILITY- The term ‘nuclear waste facility’ means--CommentsClose CommentsPermalink





(A) a repository; andCommentsClose CommentsPermalink





(B) a storage facility.CommentsClose CommentsPermalink





(15) NUCLEAR WASTE FUND- The term ‘Nuclear Waste Fund’ means the separate fund in the Treasury established by section 302(c) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(c)).CommentsClose CommentsPermalink





(16) OVERSIGHT BOARD- The term ‘Oversight Board’ means the Nuclear Waste Oversight Board established by section 205.CommentsClose CommentsPermalink





(17) PUBLIC LIABILITY- The term ‘public liability’ has the meaning given the term in section 11 of the Atomic Energy Act of 1954 (42 U.S.C. 2014).CommentsClose CommentsPermalink





(18) REPOSITORY- The term ‘repository’ has the meaning given the term in section 2 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101).CommentsClose CommentsPermalink





(19) RESERVATION- The term ‘reservation’ has the meaning given the term in section 2 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101).CommentsClose CommentsPermalink





(20) SECRETARY- The term ‘Secretary’ means the Secretary of Energy.CommentsClose CommentsPermalink





(21) SITE CHARACTERIZATION-CommentsClose CommentsPermalink





(A) IN GENERAL- The term ‘site characterization’ means the site-specific activities that the Administrator determines necessary to support an application to the Commission for a license to construct a repository or storage facility under section 305(c).CommentsClose CommentsPermalink





(B) REPOSITORY SITE CHARACTERIZATION- In the case of a site for a repository, the term ‘site characterization’ may include borings, surface excavations, excavations of exploratory shafts, limited subsurface lateral excavations and borings, and in situ testing needed to evaluate the suitability of a candidate site for the location of a repository.CommentsClose CommentsPermalink





(C) STORAGE SITE CHARACTERIZATION- In the case of a site for an above-ground storage facility, the term ‘site characterization’ does not include subsurface borings and excavations that the Administrator determines are uniquely associated with underground disposal and unnecessary to evaluate the suitability of a candidate site for the location of an above-ground storage facility.CommentsClose CommentsPermalink





(D) PRELIMINARY ACTIVITIES- The term ‘site characterization’ does not include preliminary borings and geophysical testing needed to assess whether site characterization should be undertaken.CommentsClose CommentsPermalink





(22) SPENT NUCLEAR FUEL- The term ‘spent nuclear fuel’ has the meaning given the term in section 2 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101).CommentsClose CommentsPermalink





(23) STORAGE- The term ‘storage’ means the temporary retention of nuclear waste pending the disposal of the nuclear waste in a repository.CommentsClose CommentsPermalink





(24) STORAGE FACILITY- The term ‘storage facility’ means a facility for the storage of nuclear waste from multiple contract holders or the Secretary pending the disposal of the spent nuclear fuel in a repository.CommentsClose CommentsPermalink





(25) TEST AND EVALUATION FACILITY- The term ‘test and evaluation facility’ means an at-depth, prototypic underground cavity used to develop data and experience for the safe handling and disposal of nuclear waste in a repository.CommentsClose CommentsPermalink





(26) UNIT OF GENERAL LOCAL GOVERNMENT- The term ‘unit of general local government’ has the meaning given the term in section 2 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101).CommentsClose CommentsPermalink





(27) WORKING CAPITAL FUND- The term ‘Working Capital Fund’ means the Nuclear Waste Administration Working Capital Fund established by section 401.CommentsClose CommentsPermalink

TITLE II--NUCLEAR WASTE ADMINISTRATIONCommentsClose CommentsPermalink

SEC. 201. ESTABLISHMENT.

(a) Establishment- There is established an independent agency in the executive branch to be known as the ‘Nuclear Waste Administration’.CommentsClose CommentsPermalink





(b) Purpose- The purposes of the Administration are--CommentsClose CommentsPermalink





(1) to discharge the responsibility of the Federal Government to provide for the permanent disposal of nuclear waste;CommentsClose CommentsPermalink





(2) to protect the public health and safety and the environment in discharging the responsibility under paragraph (1); andCommentsClose CommentsPermalink





(3) to ensure that the costs of activities under paragraph (1) are borne by the persons responsible for generating the nuclear waste.CommentsClose CommentsPermalink

SEC. 202. PRINCIPAL OFFICERS.

(a) Administrator-CommentsClose CommentsPermalink





(1) APPOINTMENT- There shall be at the head of the Administration a Nuclear Waste Administrator, who shall be appointed by the President, by and with the advice and consent of the Senate, from among persons who are, by reason of education, experience, and attainments, exceptionally well qualified to perform the duties of the Administrator.CommentsClose CommentsPermalink





(2) FUNCTIONS AND POWERS- The functions and powers of the Administration shall be vested in and exercised by the Administrator.CommentsClose CommentsPermalink





(3) SUPERVISION AND DIRECTION- The Administration shall be administrated under the supervision and direction of the Administrator, who shall be responsible for the efficient and coordinated management of the Administration.CommentsClose CommentsPermalink





(4) DELEGATION- The Administrator may, from time to time and to the extent permitted by law, delegate such functions of the Administrator as the Administrator determines to be appropriate.CommentsClose CommentsPermalink





(5) COMPENSATION- The President shall fix the total annual compensation of the Administrator in an amount that--CommentsClose CommentsPermalink





(A) is sufficient to recruit and retain a person of demonstrated ability and achievement in managing large corporate or governmental organizations; andCommentsClose CommentsPermalink





(B) does not exceed the total annual compensation paid to the Chief Executive Officer of the Tennessee Valley Authority.CommentsClose CommentsPermalink





(b) Deputy Administrator-CommentsClose CommentsPermalink





(1) APPOINTMENT- There shall be in the Administration a Deputy Administrator, who shall be appointed by the President, by and with the advice and consent of the Senate, from among persons who are, by reason of education, experience, and attainments, exceptionally well qualified to perform the duties of the Deputy Administrator.CommentsClose CommentsPermalink





(2) DUTIES- The Deputy Administrator shall--CommentsClose CommentsPermalink





(A) perform such functions as the Administrator shall from time to time assign or delegate; andCommentsClose CommentsPermalink





(B) act as the Administrator during the absence or disability of the Administrator or in the event of a vacancy in the office of the Administrator.CommentsClose CommentsPermalink





(3) COMPENSATION- The President shall fix the total annual compensation of the Deputy Administrator in an amount that--CommentsClose CommentsPermalink





(A) is sufficient to recruit and retain a person of demonstrated ability and achievement in managing large corporate or governmental organizations; andCommentsClose CommentsPermalink





(B) does not exceed the total annual compensation paid to the Administrator.CommentsClose CommentsPermalink

SEC. 203. OTHER OFFICERS.

(a) Establishment- There shall be in the Administration--CommentsClose CommentsPermalink





(1) a General Counsel;CommentsClose CommentsPermalink





(2) a Chief Financial Officer, who shall be appointed from among individuals who possess demonstrated ability in general management of, and knowledge of and extensive practical experience in, financial management practices in large governmental or business entities; andCommentsClose CommentsPermalink





(3) not more than 3 Assistant Administrators, who shall perform such functions as the Administrator shall specify from time to time.CommentsClose CommentsPermalink





(b) Appointment- Officers appointed under this section shall--CommentsClose CommentsPermalink





(1) be appointed by the Administrator;CommentsClose CommentsPermalink





(2) be considered career appointees; andCommentsClose CommentsPermalink





(3) be subject to section 161 d. of the Atomic Energy Act of 1954 (42 U.S.C. 2201(d)).CommentsClose CommentsPermalink





(c) Order of Succession- The Administrator may designate the order in which the officers appointed pursuant to this section shall act for, and perform the functions of, the Administrator during the absence or disability of the Administrator and the Deputy Administrator or in the event of vacancies in the offices of the Administrator and the Deputy Administrator.CommentsClose CommentsPermalink

SEC. 204. INSPECTOR GENERAL.

There shall be in the Administration an Inspector General, who shall be appointed by the President, by and with the advice and consent of the Senate, in accordance with section 3 of the Inspector General Act of 1978 (5 U.S.C. App.).CommentsClose CommentsPermalink

SEC. 205. NUCLEAR WASTE OVERSIGHT BOARD.

(a) Establishment- There is established an independent establishment in the executive branch, to be known as the ‘Nuclear Waste Oversight Board’, to oversee the administration of this Act and protect the public interest in the implementation of this Act.CommentsClose CommentsPermalink





(b) Members- The Oversight Board shall consist of--CommentsClose CommentsPermalink





(1) the Deputy Director of the Office of Management and Budget;CommentsClose CommentsPermalink





(2) the Chief of Engineers of the Army Corps of Engineers; andCommentsClose CommentsPermalink





(3) the Deputy Secretary of Energy.CommentsClose CommentsPermalink





(c) Chair- The President shall designate 1 of the 3 members as chair.CommentsClose CommentsPermalink





(d) Functions- The Oversight Board shall--CommentsClose CommentsPermalink





(1) review, on an ongoing basis--CommentsClose CommentsPermalink





(A) the progress made by the Administrator to site, construct, and operate nuclear waste facilities under this Act;CommentsClose CommentsPermalink





(B) the use of funds made available to the Administrator under this Act;CommentsClose CommentsPermalink





(C) whether the fees collected from contract holders are sufficient to ensure full cost recovery or require adjustment; andCommentsClose CommentsPermalink





(D) the liability of the United States to contract holders;CommentsClose CommentsPermalink





(2) identify any problems that may impede the implementation of this Act; andCommentsClose CommentsPermalink





(3) recommend to the Administrator, the President, or Congress, as appropriate, any actions that may be needed to ensure the implementation of this Act.CommentsClose CommentsPermalink





(e) Meetings- The Oversight Board shall meet at least once every 90 days.CommentsClose CommentsPermalink





(f) Reports- The Oversight Board shall report the findings, conclusions, and recommendations of the Oversight Board to the Administrator, the President, and Congress not less than once per year.CommentsClose CommentsPermalink





(g) Executive Secretary- The Oversight Board shall appoint and fix the compensation of an Executive Secretary, who shall--CommentsClose CommentsPermalink





(1) assemble and maintain the reports, records, and other papers of the Oversight Board; andCommentsClose CommentsPermalink





(2) perform such functions as the Oversight Board shall from time to time assign or delegate.CommentsClose CommentsPermalink





(h) Additional Staff-CommentsClose CommentsPermalink





(1) APPOINTMENT- The Oversight Board may appoint and fix the compensation of such additional clerical and professional staff as may be necessary to discharge the responsibilities of the Oversight Board.CommentsClose CommentsPermalink





(2) LIMITATION- The Oversight Board may appoint not more than 10 clerical or professional staff members under this subsection.CommentsClose CommentsPermalink





(3) SUPERVISION AND DIRECTION- The clerical and professional staff of the Oversight Board shall be under the supervision and direction of the Executive Secretary.CommentsClose CommentsPermalink





(i) Access to Information-CommentsClose CommentsPermalink





(1) DUTY TO INFORM- The Administrator shall keep the Oversight Board fully and currently informed on all of the activities of the Administration.CommentsClose CommentsPermalink





(2) PRODUCTION OF DOCUMENTS- The Administrator shall provide the Oversight Board with such records, files, papers, data, or information as may be requested by the Oversight Board.CommentsClose CommentsPermalink





(j) Support Services- To the extent permitted by law and requested by the Oversight Board, the Administrator of General Services shall provide the Oversight Board with necessary administrative services, facilities, and support on a reimbursable basis.CommentsClose CommentsPermalink





(k) Authorization of Appropriations- There are authorized to be appropriated to the Oversight Board from amounts in the Nuclear Waste Fund to carry out this section such sums as are necessary.CommentsClose CommentsPermalink

SEC. 206. CONFORMING AMENDMENTS.

(a) Section 901(b)(2) of title 31, United States Code, is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(R) The Nuclear Waste Administration.’.CommentsClose CommentsPermalink





(b) Section 12 of the Inspector General Act of 1978 (5 U.S.C. App.) is amended--CommentsClose CommentsPermalink





(1) in paragraph (1), by inserting ‘the Nuclear Waste Administration;’ after ‘Export-Import Bank;’; andCommentsClose CommentsPermalink





(2) in paragraph (2), by inserting ‘the Nuclear Waste Administration,’ after ‘Export-Import Bank,’.CommentsClose CommentsPermalink

TITLE III--FUNCTIONSCommentsClose CommentsPermalink

SEC. 301. TRANSFER OF FUNCTIONS.

There are transferred to and vested in the Administrator all functions vested in the Secretary by--CommentsClose CommentsPermalink





(1) the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101 et seq.) relating to--CommentsClose CommentsPermalink





(A) the construction and operation of a repository;CommentsClose CommentsPermalink





(B) entering into and performing contracts for the disposal of nuclear waste under section 302 of that Act (42 U.S.C. 10222);CommentsClose CommentsPermalink





(C) the collection, adjustment, deposition, and use of fees to offset expenditures for the management of nuclear waste; andCommentsClose CommentsPermalink





(D) the issuance of obligations under section 302(e)(5) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(e)(5)); andCommentsClose CommentsPermalink





(2) section 312 of the Energy and Water Development and Related Agencies Appropriations Act, 2013, relating to the pilot program for the construction and operation of one or more storage facilities to the extent provided in a cooperative agreement transferred to the Administrator pursuant to section 302(b).CommentsClose CommentsPermalink

SEC. 302. TRANSFER OF CONTRACTS.

(a) Disposal Contracts- Each contract for the disposal of nuclear waste entered into by the Secretary before the date of enactment of this Act shall continue in effect according to the terms of the contract with the Administrator substituted for the Secretary.CommentsClose CommentsPermalink





(b) Cooperative Agreement- Each cooperative agreement entered into by the Secretary pursuant to section 312 of the Energy and Water Development and Related Agencies Appropriations Act, 2013, before the date of enactment of this Act shall continue in effect according to the terms of the agreement with the Administrator substituted for the Secretary.CommentsClose CommentsPermalink

SEC. 303. ADDITIONAL FUNCTIONS.

In addition to the functions transferred to the Administrator under section 301, the Administrator may site, construct, and operate--CommentsClose CommentsPermalink





(1) additional repositories if the Administrator determines that additional disposal capacity is necessary to meet the disposal obligations of the Administrator;CommentsClose CommentsPermalink





(2) a test and evaluation facility in connection with a repository if the Administrator determines a test and evaluation facility is necessary to develop data and experience for the safe handling and disposal of nuclear waste at a repository; andCommentsClose CommentsPermalink





(3) additional storage facilities if the Administrator determines that additional storage capacity is necessary pending the availability of adequate disposal capacity.CommentsClose CommentsPermalink

SEC. 304. SITING NUCLEAR WASTE FACILITIES.

(a) In General- In siting nuclear waste facilities under this Act, the Administrator shall employ a process that--CommentsClose CommentsPermalink





(1) allows affected communities to decide whether, and on what terms, the affected communities will host a nuclear waste facility;CommentsClose CommentsPermalink





(2) is open to the public and allows interested persons to be heard in a meaningful way;CommentsClose CommentsPermalink





(3) is flexible and allows decisions to be reviewed and modified in response to new information or new technical, social, or political developments; andCommentsClose CommentsPermalink





(4) is based on sound science and meets public health, safety, and environmental standards.CommentsClose CommentsPermalink





(b) Siting Guidelines-CommentsClose CommentsPermalink





(1) ISSUANCE- Not later than 1 year after the date of enactment of this Act, the Administrator shall issue general guidelines for the consideration of candidate sites for--CommentsClose CommentsPermalink





(A) repositories; andCommentsClose CommentsPermalink





(B) storage facilities.CommentsClose CommentsPermalink





(2) REPOSITORIES- In adopting guidelines for repositories under paragraph (1), the Administrator shall comply with the requirements of section 112(a) of the Nuclear Waste Policy Act of 1992 (42 U.S.C. 10132(a)).CommentsClose CommentsPermalink





(3) STORAGE FACILITIES-CommentsClose CommentsPermalink





(A) IN GENERAL- In adopting guidelines for storage facilities under paragraph (1), the Administrator shall comply with the requirements of section 112(a) of the Nuclear Waste Policy Act of 1992 (42 U.S.C. 10132(a)), except to the extent that section 112(a) of that Act requires consideration of underground geophysical conditions that the Administrator determines do not apply to above-ground storage.CommentsClose CommentsPermalink





(B) OTHER FACTORS- In addition to the requirements described in subparagraph (A), the guidelines for storage facilities shall require the Administrator to take into account the extent to which a storage facility would--CommentsClose CommentsPermalink





(i) enhance the reliability and flexibility of the system for the disposal of nuclear waste;CommentsClose CommentsPermalink





(ii) minimize the impacts of transportation and handling of nuclear waste; andCommentsClose CommentsPermalink





(iii) unduly burden a State in which significant volumes of--CommentsClose CommentsPermalink





(I) defense wastes are stored; orCommentsClose CommentsPermalink





(II) transuranic wastes are disposed.CommentsClose CommentsPermalink





(4) REVISIONS- The Administrator may revise the guidelines in a manner consistent with this subsection and section 112(a) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10132(a)).CommentsClose CommentsPermalink





(c) Identification of Candidate Sites-CommentsClose CommentsPermalink





(1) REVIEW OF POTENTIAL SITES- As soon as practicable after the date of the issuance of the guidelines under subsection (b), the Administrator shall evaluate potential sites for a nuclear waste facility to determine whether the sites are suitable for site characterization.CommentsClose CommentsPermalink





(2) SITES ELIGIBLE FOR REVIEW- The Administrator shall select sites for evaluation under paragraph (1) from among sites recommended by--CommentsClose CommentsPermalink





(A) the Governor or duly authorized official of the State in which the site is located;CommentsClose CommentsPermalink





(B) the governing body of the affected unit of general local government;CommentsClose CommentsPermalink





(C) the governing body of an Indian tribe within the reservation boundaries of which the site is located; orCommentsClose CommentsPermalink





(D) the Administrator, after consultation with, and with the consent of--CommentsClose CommentsPermalink





(i) the Governor of the State in which the site is located;CommentsClose CommentsPermalink





(ii) the governing body of the affected unit of general local government; andCommentsClose CommentsPermalink





(iii) the governing body of the Indian tribe, if the site is located within the reservation of an Indian tribe.CommentsClose CommentsPermalink





(3) SITE INVESTIGATIONS- In evaluating a site under this subsection prior to any determination of the suitability of the site for site characterization, the Administrator--CommentsClose CommentsPermalink





(A) shall use available geophysical, geological, geochemical, hydrological, and other information; andCommentsClose CommentsPermalink





(B) shall not perform any preliminary borings or excavations at the site unless necessary to determine the suitability of the site and authorized by the landowner.CommentsClose CommentsPermalink





(4) DETERMINATION OF SUITABILITY- The Administrator shall determine whether a site is suitable for site characterization based on an environmental assessment of the site, which shall include--CommentsClose CommentsPermalink





(A) an evaluation by the Administrator of whether the site qualifies for development as a nuclear waste facility under the guidelines established under subsection (b), including a safety case that provides the basis for confidence in the safety of the proposed nuclear waste facility at the proposed site;CommentsClose CommentsPermalink





(B) an evaluation by the Administrator of the effects of site characterization activities on public health and safety and the environment;CommentsClose CommentsPermalink





(C) a reasonable comparative evaluation by the Administrator of the site with other sites considered by--CommentsClose CommentsPermalink





(i) the Administrator under this section; orCommentsClose CommentsPermalink





(ii) the Secretary under the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101 et seq.);CommentsClose CommentsPermalink





(D) a description of the decision process by which the site was recommended; andCommentsClose CommentsPermalink





(E) an assessment of the regional and local impacts of locating a repository or storage facility at the site.CommentsClose CommentsPermalink





(d) Site Characterization-CommentsClose CommentsPermalink





(1) SELECTION OF SITES- From among the sites determined to be suitable for site characterization under subsection (c), the Administrator shall select--CommentsClose CommentsPermalink





(A) at least 1 site for site characterization as a repository; andCommentsClose CommentsPermalink





(B) at least 1 site for site characterization as a storage facility.CommentsClose CommentsPermalink





(2) PREFERENCE FOR CO-LOCATED REPOSITORY AND STORAGE FACILITY- In selecting sites for site characterization as a storage facility, the Administrator shall give preference to sites determined to be suitable for co-location of a storage facility and a repository.CommentsClose CommentsPermalink





(3) PUBLIC HEARINGS- Before selecting a site for site characterization, the Administrator shall hold public hearings in the vicinity of the site and at least 1 other location within the State in which the site is located--CommentsClose CommentsPermalink





(A) to inform the public of the proposed site characterization; andCommentsClose CommentsPermalink





(B) to solicit public comments and recommendations with respect to the site characterization plan of the Administrator.CommentsClose CommentsPermalink





(4) CONSULTATION AND COOPERATION AGREEMENT-CommentsClose CommentsPermalink





(A) REQUIREMENT- Before selecting a site for site characterization, the Administrator shall enter into a consultation and cooperation agreement with--CommentsClose CommentsPermalink





(i) the Governor of the State in which the site is located;CommentsClose CommentsPermalink





(ii) the governing body of the affected unit of general local government; andCommentsClose CommentsPermalink





(iii) the governing body of an affected Indian tribe, in the case of--CommentsClose CommentsPermalink





(I) a site located within the boundaries of a reservation; orCommentsClose CommentsPermalink





(II) an Indian tribe the federally defined possessory or usage rights to land outside of a reservation of which may be substantially and adversely affected by the repository or storage facility.CommentsClose CommentsPermalink





(B) CONTENTS- The consultation and cooperation agreement shall provide--CommentsClose CommentsPermalink





(i) compensation to the State, any affected units of local government, and any affected Indian tribes for any potential economic, social, public health and safety, and environmental impacts associated with site characterization; andCommentsClose CommentsPermalink





(ii) financial and technical assistance to enable the State, affected units of local government, and affected Indian tribes to monitor, review, evaluate, comment on, obtain information on, and make recommendations on site characterization activities.CommentsClose CommentsPermalink





(e) Final Site Suitability Determination-CommentsClose CommentsPermalink





(1) DETERMINATION REQUIRED- On completion of site characterization activities, the Administrator shall make a final determination of whether the site is suitable for development as a repository or storage facility.CommentsClose CommentsPermalink





(2) BASIS OF DETERMINATION- In making a determination under paragraph (1), the Administrator shall determine if--CommentsClose CommentsPermalink





(A) the site is scientifically and technically suitable for development as a repository or storage facility, taking into account--CommentsClose CommentsPermalink





(i) whether the site meets the siting guidelines of the Administrator; andCommentsClose CommentsPermalink





(ii) whether there is reasonable assurance that a repository or storage facility at the site will meet--CommentsClose CommentsPermalink





(I) the radiation protection standards of the Administrator of the Environmental Protection Agency; andCommentsClose CommentsPermalink





(II) the licensing standards of the Commission; andCommentsClose CommentsPermalink





(B) development of a repository or storage facility at the site is in the national interest.CommentsClose CommentsPermalink





(3) PUBLIC HEARINGS- Before making a final determination under paragraph (1), the Administrator shall hold public hearings in the vicinity of the site and at least 1 other location within the State in which the site is located to solicit public comments and recommendations on the proposed determination.CommentsClose CommentsPermalink





(f) Consent Agreements-CommentsClose CommentsPermalink





(1) REQUIREMENT- On making a final determination of site suitability under subsection (e), but before submitting a license application to the Commission under subsection (g), the Administrator shall enter into a consent agreement with--CommentsClose CommentsPermalink





(A) the Governor of the State in which the site is located;CommentsClose CommentsPermalink





(B) the governing body of the affected unit of general local government; andCommentsClose CommentsPermalink





(C) if the site is located on a reservation, the governing body of the affected Indian tribe.CommentsClose CommentsPermalink





(2) CONTENTS- The consent agreement shall--CommentsClose CommentsPermalink





(A) contain the terms and conditions on which each State, local government, and Indian tribe consents to host the repository or storage facility; andCommentsClose CommentsPermalink





(B) express the consent of each State, local government, and Indian tribe to host the repository or storage facility.CommentsClose CommentsPermalink





(3) TERMS AND CONDITIONS- The terms and conditions under paragraph (2)(A)--CommentsClose CommentsPermalink





(A) shall promote the economic and social well-being of the people living in the vicinity of the repository or storage facility; andCommentsClose CommentsPermalink





(B) may include--CommentsClose CommentsPermalink





(i) financial compensation and incentives;CommentsClose CommentsPermalink





(ii) economic development assistance;CommentsClose CommentsPermalink





(iii) operational limitations or requirements;CommentsClose CommentsPermalink





(iv) regulatory oversight authority; andCommentsClose CommentsPermalink





(v) in the case of a storage facility, an enforceable deadline for removing nuclear waste from the storage facility.CommentsClose CommentsPermalink





(4) RATIFICATION- No consent agreement entered into under this section shall have legal effect unless ratified by law.CommentsClose CommentsPermalink





(5) BINDING EFFECT- On ratification by law, the consent agreement--CommentsClose CommentsPermalink





(A) shall be binding on the parties; andCommentsClose CommentsPermalink





(B) shall not be amended or revoked except by mutual agreement of the parties.CommentsClose CommentsPermalink





(g) Submission of License Application- On determining that a site is suitable under subsection (e) and ratification of a consent agreement under subsection (f), the Administrator shall submit to the Commission an application for a construction authorization for the repository or storage facility.CommentsClose CommentsPermalink

SEC. 305. LICENSING NUCLEAR WASTE FACILITIES.

(a) Radiation Protection Standards- Not later than 1 year after the date of enactment of this Act, the Administrator of the Environmental Protection Agency, pursuant to authority under other provisions of law, shall adopt, by rule, generally applicable standards for protection of the general environment from offsite releases from radioactive material in geological repositories.CommentsClose CommentsPermalink





(b) Commission Regulations- Not later than 1 year after the adoption of generally applicable standards by the Administrator of the Environmental Protection Agency under subsection (a), the Commission, pursuant to authority under other provisions of law, shall amend the regulations of the Commission governing the licensing of geological repositories to be consistent with any comparable standards adopted by the Administrator of the Environmental Protection Agency under subsection (a).CommentsClose CommentsPermalink





(c) Construction Authorization-CommentsClose CommentsPermalink





(1) APPLICABLE LAWS- The Commission shall consider an application for a construction authorization for a nuclear waste facility in accordance with the laws (including regulations) applicable to the applications.CommentsClose CommentsPermalink





(2) FINAL DECISION- Not later than 3 years after the date of the submission of the application, the Commission shall issue a final decision approving or disapproving the issuance of a construction authorization.CommentsClose CommentsPermalink





(3) EXTENSION- The Commission may extend the deadline under paragraph (2) by not more than 1 year if, not less than 30 days before the deadline, the Commission submits to Congress and the Administrator a written report that describes--CommentsClose CommentsPermalink





(A) the reason for failing to meet the deadline; andCommentsClose CommentsPermalink





(B) the estimated time by which the Commission will issue a final decision.CommentsClose CommentsPermalink

SEC. 306. LIMITATION ON STORAGE.

(a) In General- Except as provided in subsection (b), the Administrator may not possess, take title to, or store spent nuclear fuel at a storage facility licensed under this Act before ratification of a consent agreement for a repository under section 304(f)(4).CommentsClose CommentsPermalink





(b) Exception- The Administrator may possess, take title to, and store not more than 10,000 metric tons of spent nuclear fuel at a storage facility licensed and constructed pursuant to a cooperative agreement entered into before the date of enactment of this Act under section 312 of the Energy and Water Development and Related Agencies Appropriations Act, 2013, before ratification of a consent agreement for a repository under section 304(f)(4).CommentsClose CommentsPermalink

SEC. 307. DEFENSE WASTE.

(a) Disposal and Storage by Administration- The Secretary--CommentsClose CommentsPermalink





(1) shall arrange for the Administrator to dispose of defense wastes in a repository developed under this Act; andCommentsClose CommentsPermalink





(2) may arrange for the Administrator to store spent nuclear fuel from the naval nuclear propulsion program pending disposal in a repository.CommentsClose CommentsPermalink





(b) Memorandum of Agreement- The arrangements shall be covered by a memorandum of agreement between the Secretary and the Administrator.CommentsClose CommentsPermalink





(c) Costs- The portion of the cost of developing, constructing, and operating the repository or storage facilities under this Act that is attributable to defense wastes shall be allocated to the Federal Government and paid by the Federal Government into the Working Capital Fund.CommentsClose CommentsPermalink





(d) Prohibition- No defense waste may be stored or disposed of by the Administrator in any storage facility or repository constructed under this Act or section 312 of the Energy and Water Development and Related Agencies Appropriations Act, 2013, until funds are appropriated to the Working Capital Fund in an amount equal to the fees that would be paid by contract holders under section 302 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222) if such nuclear waste were generated by a contract holder.CommentsClose CommentsPermalink

SEC. 308. TRANSPORTATION.

(a) In General- The Administrator shall be responsible for transporting nuclear waste--CommentsClose CommentsPermalink





(1) from the site of a contract holder to a storage facility or repository;CommentsClose CommentsPermalink





(2) from a storage facility to a repository; andCommentsClose CommentsPermalink





(3) in the case of defense waste, from a Department of Energy site to a repository.CommentsClose CommentsPermalink





(b) Certified Packages- No nuclear waste may be transported under this Act except in packages--CommentsClose CommentsPermalink





(1) the design of which has been certified by the Commission; andCommentsClose CommentsPermalink





(2) that have been determined by the Commission to satisfy the quality assurance requirements of the Commission.CommentsClose CommentsPermalink





(c) Notification- Prior to any transportation of nuclear waste under this Act, the Administrator shall provide advance notification to States and Indian tribes through whose jurisdiction the Administrator plans to transport the nuclear waste.CommentsClose CommentsPermalink





(d) Transportation Assistance-CommentsClose CommentsPermalink





(1) PUBLIC EDUCATION- The Administrator shall conduct a program to provide information to the public about the transportation of nuclear waste.CommentsClose CommentsPermalink





(2) TRAINING- The Administrator shall provide financial and technical assistance to States and Indian tribes through whose jurisdiction the Administrator plans to transport nuclear waste to train public safety officials and other emergency responders on--CommentsClose CommentsPermalink





(A) procedures required for the safe, routine transportation of nuclear waste; andCommentsClose CommentsPermalink





(B) procedures for dealing with emergency response situations involving nuclear waste, including instruction of--CommentsClose CommentsPermalink





(i) government and tribal officials and public safety officers in command and control procedures;CommentsClose CommentsPermalink





(ii) emergency response personnel; andCommentsClose CommentsPermalink





(iii) radiological protection and emergency medical personnel.CommentsClose CommentsPermalink





(3) EQUIPMENT- The Administrator shall provide monetary grants and contributions in-kind to assist States and Indian tribes through whose jurisdiction the Administrator plans to transport nuclear waste for the purpose of acquiring equipment for responding to a transportation incident involving nuclear waste.CommentsClose CommentsPermalink





(4) TRANSPORTATION SAFETY PROGRAMS- The Administrator shall provide in-kind, financial, technical, and other appropriate assistance to States and Indian tribes through whose jurisdiction the Administrator plans to transport nuclear waste for transportation safety programs related to shipments of nuclear waste.CommentsClose CommentsPermalink

TITLE IV--FUNDING AND LEGAL PROCEEDINGSCommentsClose CommentsPermalink

SEC. 401. WORKING CAPITAL FUND.

(a) Establishment- There is established in the Treasury a separate fund, to be known as the ‘Nuclear Waste Administration Working Capital Fund’, which shall be separate from the Nuclear Waste Fund.CommentsClose CommentsPermalink





(b) Contents- The Working Capital Fund shall consist of--CommentsClose CommentsPermalink





(1) all fees paid by contract holders pursuant to section 302(a) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(a)) on or after the date of enactment of this Act, which shall be paid into the Working Capital Fund--CommentsClose CommentsPermalink





(A) notwithstanding section 302(c)(1) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(c)(1)); andCommentsClose CommentsPermalink





(B) immediately on the payment of the fees;CommentsClose CommentsPermalink





(2) any appropriations made by Congress to pay the share of the cost of the program established under this Act attributable to defense wastes; andCommentsClose CommentsPermalink





(3) interest paid on the unexpended balance of the Working Capital Fund.CommentsClose CommentsPermalink





(c) Availability- All funds deposited in the Working Capital Fund--CommentsClose CommentsPermalink





(1) shall be immediately available to the Administrator to carry out the functions of the Administrator, except to the extent limited in annual authorization or appropriation Acts;CommentsClose CommentsPermalink





(2) shall remain available until expended; andCommentsClose CommentsPermalink





(3) shall not be subject to apportionment under subchapter II of chapter 15 of title 31, United States Code.CommentsClose CommentsPermalink





(d) Use of Fund- Except to the extent limited in annual authorization or appropriation Acts, the Administrator may make expenditures from the Working Capital Fund only for purposes of carrying out functions authorized by this Act.CommentsClose CommentsPermalink

SEC. 402. NUCLEAR WASTE FUND.

(a) Elimination of Legislative Veto- Section 302(a)(4) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(a)(4)) is amended in the last sentence by striking ‘transmittal unless’ and all that follows through the end of the sentence and inserting ‘transmittal.’.CommentsClose CommentsPermalink





(b) Interest on Unexpended Balances- Section 302(e)(3) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(e)(3)) is amended--CommentsClose CommentsPermalink





(1) by striking ‘Secretary’ the first, second, and fourth place it appears and inserting ‘Administrator of the Nuclear Waste Administration’; andCommentsClose CommentsPermalink





(2) by striking ‘the Waste Fund’ each place it appears and inserting ‘the Waste Fund or the Working Capital Fund established by section 401 of the Nuclear Waste Administration Act of 2012’.CommentsClose CommentsPermalink

SEC. 403. FULL COST RECOVERY.

In determining whether insufficient or excess revenues are being collected to ensure full cost recovery under section 302(a)(4) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(a)(4)), the Administrator shall--CommentsClose CommentsPermalink





(1) assume that sufficient funds will be appropriated to the Nuclear Waste Fund to cover the costs attributable to disposal of defense wastes; andCommentsClose CommentsPermalink





(2) take into account the additional costs resulting from the enactment of this Act.CommentsClose CommentsPermalink

SEC. 404. JUDICIAL REVIEW.

(a) Jurisdiction-CommentsClose CommentsPermalink





(1) COURTS OF APPEALS- Except for review in the Supreme Court, a United States court of appeals shall have original and exclusive jurisdiction over any civil action--CommentsClose CommentsPermalink





(A) for review of any final decision or action of the Administrator or the Commission under this Act;CommentsClose CommentsPermalink





(B) alleging the failure of the Administrator or the Commission to make any decision, or take any action, required under this Act;CommentsClose CommentsPermalink





(C) challenging the constitutionality of any decision made, or action taken, under this Act; orCommentsClose CommentsPermalink





(D) for review of any environmental assessment or environmental impact statement prepared pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to any action under this Act, or alleging a failure to prepare any such assessment or statement with respect to any such action.CommentsClose CommentsPermalink





(2) VENUE- The venue of any proceeding under this section shall be in--CommentsClose CommentsPermalink





(A) the judicial circuit in which the petitioner involved resides or has the principal office of the petitioner; orCommentsClose CommentsPermalink





(B) the United States Court of Appeals for the District of Columbia Circuit.CommentsClose CommentsPermalink





(b) Deadline for Commencing Action-CommentsClose CommentsPermalink





(1) IN GENERAL- Except as provided in paragraph (2), a civil action for judicial review described in subsection (a)(1) may be brought not later than the date that is 180 days after the date of the decision or action or failure to act involved.CommentsClose CommentsPermalink





(2) NO KNOWLEDGE OF DECISION OR ACTION- If a party shows that the party did not know of the decision or action complained of (or of the failure to act) and that a reasonable person acting under the circumstances would not have known, the party may bring a civil action not later than 180 days after the date the party acquired actual or constructive knowledge of the decision, action, or failure to act.CommentsClose CommentsPermalink

SEC. 405. LITIGATION AUTHORITY.

(a) Supervision by Attorney General- The litigation of the Administration shall be subject to the supervision of the Attorney General pursuant to chapter 31 of title 28, United States Code.CommentsClose CommentsPermalink





(b) Attorneys of Administration- The Attorney General may authorize any attorney of the Administration to conduct any civil litigation of the Administration in any Federal court, except the Supreme Court.CommentsClose CommentsPermalink

SEC. 406. LIABILITIES.

(a) Pending Legal Proceedings- Any suit, cause of action, or judicial proceeding commenced by or against the Secretary relating to functions or contracts transferred to the Administrator by this Act shall--CommentsClose CommentsPermalink





(1) not abate by reason of the enactment of this Act; andCommentsClose CommentsPermalink





(2) continue in effect with the Administrator substituted for the Secretary.CommentsClose CommentsPermalink





(b) Settlement of Pending Litigation; Contract Modification-CommentsClose CommentsPermalink





(1) SETTLEMENT- The Attorney General, in consultation with the Administrator, shall settle all claims against the United States by a contract holder for the breach of a contract for the disposal of nuclear waste under section 302(a) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(a)) as a condition precedent of the agreement of the Administrator to take title to and store the nuclear waste of the contract holder at a storage facility.CommentsClose CommentsPermalink





(2) CONTRACT MODIFICATION- The Administrator and contract holders shall modify contracts entered into under section 302(a) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(a)) in accordance with the settlement under paragraph (1).CommentsClose CommentsPermalink





(c) Payment of Judgments and Settlements- Payment of judgments and settlements in cases arising from the failure of the Secretary to meet the deadline of January 31, 1998, to begin to dispose of nuclear waste under contracts entered into under section 302(a)(1) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(a)(1)) shall continue to be paid from the permanent judgment appropriation established pursuant to section 1304 of title 31, United States Code.CommentsClose CommentsPermalink





(d) New Contracts- Notwithstanding section 302(a)(5) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(a)(5)), the Administrator shall not enter into any contract after the date of enactment of this Act that obligates the Administrator to begin disposing of nuclear waste before the Commission has licensed the Administrator to operate a repository or storage facility.CommentsClose CommentsPermalink





(e) Nuclear Indemnification-CommentsClose CommentsPermalink





(1) INDEMNIFICATION AGREEMENTS- For purposes of section 170 of the Atomic Energy Act of 1954 (42 U.S.C. 2210) (commonly known as the ‘Price-Anderson Act’)--CommentsClose CommentsPermalink





(A) any person that conducts nuclear waste activities under a contract with the Administrator that may involve the risk of public liability shall be treated as a contractor of the Secretary; andCommentsClose CommentsPermalink





(B) the Secretary shall enter into an agreement of indemnification with any person described in subparagraph (A).CommentsClose CommentsPermalink





(2) CONFORMING AMENDMENT- Section 11 ff. of the Atomic Energy Act of 1954 (42 U.S.C. 2014(ff)) is amended by inserting ‘or the Nuclear Waste Administration’ after ‘Secretary of Energy’.CommentsClose CommentsPermalink

TITLE V--ADMINISTRATIVE AND SAVINGS PROVISIONSCommentsClose CommentsPermalink

SEC. 501. ADMINISTRATIVE POWERS OF ADMINISTRATOR.

The Administrator shall have the power--CommentsClose CommentsPermalink





(1) to perform the functions of the Secretary transferred to the Administrator pursuant to this Act;CommentsClose CommentsPermalink





(2) to enter into contracts with any person who generates or holds title to nuclear waste generated in a civilian nuclear power reactor for the acceptance of title, subsequent transportation, storage, and disposal of the nuclear waste;CommentsClose CommentsPermalink





(3) to enter into and perform contracts, leases, and cooperative agreements with public agencies, private organizations, and persons necessary or appropriate to carry out the functions of the Administrator;CommentsClose CommentsPermalink





(4) to acquire, in the name of the United States, real estate for the construction, operation, and decommissioning of nuclear waste facilities;CommentsClose CommentsPermalink





(5) to obtain from the Administrator of General Services the services the Administrator of General Services is authorized to provide agencies of the United States, on the same basis as those services are provided to other agencies of the United States;CommentsClose CommentsPermalink





(6) to conduct nongeneric research, development, and demonstration activities necessary or appropriate to carrying out the functions of the Administrator; andCommentsClose CommentsPermalink





(7) to make such rules and regulations, not inconsistent with this Act, as may be necessary to carry out the functions of the Administrator.CommentsClose CommentsPermalink

SEC. 502. PERSONNEL.

(a) Officers and Employees-CommentsClose CommentsPermalink





(1) APPOINTMENT- In addition to the senior officers described in section 203, the Administrator may appoint and fix the compensation of such officers and employees as may be necessary to carry out the functions of the Administration.CommentsClose CommentsPermalink





(2) COMPENSATION- Except as provided in paragraph (3), officers and employees appointed under this subsection shall be appointed in accordance with the civil service laws and the compensation of the officers and employees shall be fixed in accordance with title 5, United States Code.CommentsClose CommentsPermalink





(3) EXCEPTION- Notwithstanding paragraph (2), the Administrator may, to the extent the Administrator determines necessary to discharge the responsibilities of the Administrator--CommentsClose CommentsPermalink





(A) appoint exceptionally well qualified individuals to scientific, engineering, or other critical positions without regard to the provisions of chapter 33 of title 5, United States Code, governing appointments in the competitive service; andCommentsClose CommentsPermalink





(B) fix the basic pay of any individual appointed under subparagraph (A) at a rate of not more than level I of the Executive Schedule without regard to the civil service laws, except that the total annual compensation of the individual shall be at a rate of not more than the highest total annual compensation payable under section 104 of title 3, United States Code.CommentsClose CommentsPermalink





(4) MERIT PRINCIPLES- The Administrator shall ensure that the exercise of the authority granted under paragraph (3) is consistent with the merit principles of section 2301 of title 5, United States Code.CommentsClose CommentsPermalink





(b) Experts and Consultants- The Administrator may obtain the temporary or intermittent services of experts or consultants as authorized by section 3109 of title 5, United States Code.CommentsClose CommentsPermalink





(c) Advisory Committees-CommentsClose CommentsPermalink





(1) ESTABLISHMENT- The Administrator may establish, in accordance with the Federal Advisory Committee Act (5 U.S.C. App.), such advisory committees as the Administrator may consider appropriate to assist in the performance of the functions of the Administrator.CommentsClose CommentsPermalink





(2) COMPENSATION- A member of an advisory committee, other than a full-time employee of the Federal Government, may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5, United States Code, for individuals in the Government service without pay, while attending meetings of the advisory committee or otherwise serving away from the homes or regular place of business of the member at the request of the Administrator.CommentsClose CommentsPermalink

SEC. 503. OFFICES.

(a) Principal Office- The principal office of the Administration shall be in or near the District of Columbia.CommentsClose CommentsPermalink





(b) Field Offices- The Administrator may maintain such field offices as the Administrator considers necessary to carry out the functions of the Administrator.CommentsClose CommentsPermalink

SEC. 504. MISSION PLAN.

(a) In General- The Administrator shall prepare a comprehensive report (referred to in this section as the ‘mission plan’), which shall--CommentsClose CommentsPermalink





(1) provide an informational basis sufficient to permit informed decisions to be made in carrying out the functions of the Administrator; andCommentsClose CommentsPermalink





(2) provide verifiable indicators for oversight of the performance of the Administrator.CommentsClose CommentsPermalink





(b) Contents- The mission plan shall include--CommentsClose CommentsPermalink





(1) a description of the actions the Administrator plans to take to carry out the functions of the Administrator under this Act;CommentsClose CommentsPermalink





(2) schedules and milestones for carrying out the functions of the Administrator; andCommentsClose CommentsPermalink





(3) an estimate of the amounts that the Administration will need Congress to appropriate from the Nuclear Waste Fund (in addition to amounts expected to be available from the Working Capital Fund) to carry out the functions of the Nuclear Waste Fund, on an annual basis.CommentsClose CommentsPermalink





(c) Proposed Mission Plan- Not later than 1 year after the date of enactment of this Act, the Administrator shall submit a proposed mission plan for comment to--CommentsClose CommentsPermalink





(1) Congress;CommentsClose CommentsPermalink





(2) the Oversight Board;CommentsClose CommentsPermalink





(3) the Commission;CommentsClose CommentsPermalink





(4) the Nuclear Waste Technical Review Board established by section 502 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10262);CommentsClose CommentsPermalink





(5) the States;CommentsClose CommentsPermalink





(6) affected Indian tribes; andCommentsClose CommentsPermalink





(7) such other interested persons as the Administrator considers appropriate.CommentsClose CommentsPermalink





(d) Public Notice and Comment- On submitting the proposed mission plan for comment under subsection (c), the Administrator shall--CommentsClose CommentsPermalink





(1) publish a notice in the Federal Register of the availability of the proposed mission plan for public comment; andCommentsClose CommentsPermalink





(2) provided interested persons an opportunity to comment on the proposed plan.CommentsClose CommentsPermalink





(e) Submission of Final Mission Plan- After consideration of the comments received, the Administrator shall--CommentsClose CommentsPermalink





(1) revise the proposed mission plan to the extent that the Administrator considers appropriate; andCommentsClose CommentsPermalink





(2) submit the final mission plan to Congress, the President, and the Oversight Board.CommentsClose CommentsPermalink





(f) Revision of the Mission Plan- The Administrator shall--CommentsClose CommentsPermalink





(1) revise the mission plan, as appropriate, to reflect major changes in the planned activities, schedules, milestones, and cost estimates reported in the mission plan; andCommentsClose CommentsPermalink





(2) submit the revised mission plan to Congress, the President, and the Oversight Board prior to implementing the proposed changes.CommentsClose CommentsPermalink

SEC. 505. ANNUAL REPORTS.

(a) In General- The Administrator shall annually prepare and submit to Congress, the President, and the Oversight Board a comprehensive report on the activities and expenditures of the Administration.CommentsClose CommentsPermalink





(b) Management Report- The annual report submitted under subsection (a) shall include--CommentsClose CommentsPermalink





(1) the annual management report required under section 9106 of title 31, United States Code; andCommentsClose CommentsPermalink





(2) the report on any audit of the financial statements of the Administration conducted under section 9105 of title 31, United States Code.CommentsClose CommentsPermalink

SEC. 506. SAVINGS PROVISIONS; TERMINATIONS.

(a) Commission Proceedings- This Act shall not affect any proceeding or any application for any license or permit pending before the Commission on the date of enactment of this Act.CommentsClose CommentsPermalink





(b) Authority of the Secretary- This Act shall not transfer or affect the authority of the Secretary with respect to--CommentsClose CommentsPermalink





(1) the maintenance, treatment, packaging, and storage of defense wastes at Department of Energy sites prior to delivery to, and acceptance by, the Administrator for disposal in a repository;CommentsClose CommentsPermalink





(2) the conduct of generic research, development, and demonstration activities related to nuclear waste management, including proliferation-resistant advanced fuel recycling and transmutation technologies that minimize environmental and public health and safety impacts; andCommentsClose CommentsPermalink





(3) training and workforce development programs relating to nuclear waste management.CommentsClose CommentsPermalink





(c) Pilot Program- Nothwithstanding section 304, the Administrator may proceed with the siting and licensing of one or more consolidated storage facilities under a cooperative agreement entered into by the Secretary pursuant to section 312 of the Energy and Water Development and Related Agencies Appropriations Act, 2013, before the date of enactment of this Act in accordance with--CommentsClose CommentsPermalink





(1) the terms of the cooperative agreement; andCommentsClose CommentsPermalink





(2) section 312 of the Energy and Water Development and Related Agencies Appropriations Act, 2013.CommentsClose CommentsPermalink





(d) Terminations- The authority for each function of the Secretary relating to the siting, construction, and operation of repositories, storage facilities, or test and evaluation facilities not transferred to the Administrator under this Act shall terminate on the date of enactment of this Act, including the authority--CommentsClose CommentsPermalink





(1) to provide interim storage or monitored, retrievable storage under subtitles B and C of title I of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10151 et seq.);CommentsClose CommentsPermalink





(2) to site or construct a test and evaluation facility under title II of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10191 et seq.); andCommentsClose CommentsPermalink





(3) to issue requests for proposals or enter into agreements under section 312 of the Energy and Water Development and Related Agencies Appropriations Act, 2013.CommentsClose CommentsPermalink

SEC. 507. TECHNICAL ASSISTANCE IN THE FIELD OF SPENT FUEL STORAGE AND DISPOSAL.

(a) Joint Notice- Not later than 90 days after the date of enactment of this Act and annually for 5 succeeding years, the Secretary and the Commission shall update and publish in the Federal Register the joint notice required by section 223(b) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10203(b)).CommentsClose CommentsPermalink





(b) Informing Foreign Governments- As soon as practicable after the date of the publication of the annual joint notice described in subsection (a), the Secretary of State shall inform the governments of nations and organizations operating nuclear power plants, solicit expressions of interest, and transmit any such expressions of interest to the Secretary and the Commission, as provided in section 223(c) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10203(c)).CommentsClose CommentsPermalink





(c) Budget Requests- The President shall include in the budget request of the President for the Commission and the Department of Energy for each of fiscal years 2014 through 2019 such funding requests for a program of cooperation and technical assistance with nations in the fields of spent nuclear fuel storage and disposal as the President determines appropriate in light of expressions of interest in the cooperation and assistance.CommentsClose CommentsPermalink





(d) Eligibility- Notwithstanding any limitation on cooperation and technical assistance to non-nuclear weapon states under section 223 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10203), the Secretary and the Commission may cooperate with and provide technical assistance to nuclear weapon states, if the Secretary and the Commission determine the cooperation and technical assistance is in the national interest.CommentsClose CommentsPermalink

SEC. 508. NUCLEAR WASTE TECHNICAL REVIEW BOARD.

(a) Eligibility- Section 502(b)(3)(C)(iii)(I) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10262(b)(3)(C)(iii)(I)) is amended by inserting ‘or the Nuclear Waste Administration’ after ‘the Department of Energy’.CommentsClose CommentsPermalink





(b) Functions- Section 503 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10263) is amended by striking ‘Secretary after the date of the enactment of the Nuclear Waste Policy Amendments Act of 1987’ and inserting ‘Nuclear Waste Administrator after the date of enactment of the Nuclear Waste Administration Act of 2012’.CommentsClose CommentsPermalink





(c) Production of Documents- Section 504(b) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10264(b)) is amended by striking ‘Secretary’ each place it appears and inserting ‘Nuclear Waste Administrator’.CommentsClose CommentsPermalink





(d) Reports- Section 508 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10268) is amended in the first sentence by striking ‘Congress and the Secretary’ and inserting ‘Congress, the Nuclear Waste Administrator, and the Nuclear Waste Oversight Board’.CommentsClose CommentsPermalink





(e) Termination- Section 510 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10270) is amended by striking ‘Secretary’ and inserting ‘Nuclear Waste Administrator’.CommentsClose CommentsPermalink

SEC. 509. REPEAL OF VOLUME LIMITATION.

Section 114(d) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10134(d)) is amended by striking the second and third sentences.CommentsClose CommentsPermalink